How to protect your land from illegal possession suggests B.S.Ghuman, NRI Lawyer

Invest in farm land the legal way & profit from it

Investment on a piece of land is a safe bet as it assures huge return on investment. But how safe is your property deal? With land grabbers on the prowl and often multiple individuals claiming ownership of a single plot, buyers have to be extremely careful before investing in land, and also take steps to prevent encroachments.

NRI Law Group suggests some do`s and don`ts to lock a legal and smooth land deal.

Legal Issues

Don't Forget To Ask A Good Law Firm To Do Due Paper Work!

Once you have zeroed in on the land, you have to turn your attention to the most important hurdle you may have to surmount: the legal issues. Tell yourself again and again that this is the most crucial step involved in buying a piece of agricultural land. Mr. Ghuman suggests an easy way out: "Ask a sound law firm to do due diligence. Ensure that the title of the land is clear. If you do not have the wherewithal to check the legal issues, then engage a proper realtor or local broker to check them." "The most common mistake is that people don't see if the land has been properly acquired or not, whether the farmers have been rehabilitated or not. There can be numerous problems. You buy land and then realise there are many issues," says Ghuman. He gives some useful tips on how to avoid such mistakes: "Study the state bylaws before buying agricultural land. Land should not have any encumbrance or litigation on it. Also, have a thorough title due-diligence done on the land with at least 30 years historical title check done. There should be no minor, etc, as owner of the land. Make sure that there are no village roads/lanes, well, etc, on the land and there are no LT/HT electrical wires running thought the land." Get your land demarcated clearly, and ensure that the seller gets the boundary wall or fencing done before the title is transferred, he says.Before signing the cheque for the purchase, you need to carefully plan how you are going to take care of the land. Living in a city and taking care of a land far away won't be an easy task. Ghuman suggests a viable solution: "You can hire contract farming firms that will man age the land for you. These contract farming firms may be on a profit-sharing basis. Prior to the acquisition of the land, a contract farming firm could do the testing of the soil to determine what crop can be grown."

Security Issues

Security issues related to such land are usually more complex, feel experts. "If you buy land in a community society then at least there is somebody to look after the land. But if you buy an independent plot, then there is the problem of guarding it as well, which can become very costly," says Ghuman. "Get the fencing and security right, it is very important," says Narayan. "Prima facie, one needs to make sure that there is no land grabbing or the neighbour doesn't extend the boundaries to your land. Hence, basic costs are for creating a boundary wall and a guard," says Ghuman.

A Home Away From Home

But don't start building holiday home in the air, though. Laws prohibit building of holiday homes on agricultural land. Ghuman says, "A farm land is ideally a piece of land where you can do farming. It should not be confused with a holiday home. Different states have different laws for conversion of farm land into a holiday home, motel, hotel. There is a process laid down by each state which governs the change of land use." So, before you build a holiday home, study the laws of the state where you plan to buy the land. Ghuman warns that holiday homes are not great investment options. "A holiday home is mainly a lifestyle option. There's not much scope for investment in such a home because the liquidity is not great." But make no mistake, land is always a valuable investment. "Holding land may be sensible, given the increasing demand for food grains," says Ghuman. "If you have already bought land, it is better to hold on to it as the purchase cost is not likely to be very high," says Ghuman.

We get redressed NRI property encroachment cases faster: Advocate J.P.S. Ghuman

Edmonton (TNP) -  Staying outside India and having to deal with Property issues in the country, can be really a troublesome and a tuff job. Living overseas with limited ability to supervise their property,Non Resident Indians (NRIs) are often victims of property encroachment in India. "Typically people buy land for investment purposes and may seldom visit the plot of land. Such land becomes an easy target for encroachment because the wrong-doers know that the person is not supervising/ checking on the land and they also know that on encroachment it is difficult for the owner to fight a legal battle in absentia. Similarly, houses of NRIs are soft targets where tenants who have lived long enough may refuse to vacate a rented place. In most situations, the legal way of eviction could be time consuming because the tenancy laws in most states are skewed in favor of the tenants," explains Advocate J.P.S.Ghuman, Managing Director of NRI Legal Matters while talking with The NRI Post. 

A possessor enjoys certain judicial protection against third parties even if he is not the owner. This is in order to obviate unlawful acts of violence against the person in possession. However, illegal occupants take advantage of the prevalent laws with respect to possession and many owners face a lot of problem and harassment to get back their properties. The problem is worse in cases of NRIs who are not physically present to look after the properties and forced to depend on locals to look after the properties and litigation if any.

Prevention, then, is obviously better than cure and we have seen in an earlier article the various steps NRIs can take to prevent property encroachment. However, if your property has already been encroached upon, don't lose heart. "There are remedies provided under the law to get back the properties or protect any third party trespassing or interfering in the peaceful possession," Singh points out. But, as Sunder says, "be mentally prepared for a long haul." 
"Remedies are available under section 5 and 6 of the Specific Relief Act, 1963. A person who is dispossessed from his property can get possession on the basis of title and may recover possession merely by proving previous possession and subsequent wrongful dispossession," says Singh. 

Steps to get it back:-

Step 1: Get all the related documents 

In order to be able to prove that, it is important to have your documents in order. "To establish right on the property the owner or a person claiming possession must have documents such as the title deeds, jamabandis, mutation/ intkal, copy of the Will (if any) where the property has been inherited by way of a Will, original purchase agreement/sale deed, electricity bills, water bills and telephone bills etc.," Singh advices. "In addition, keep all payment receipts, cheques, bank drafts (if any) paid to the sellers and annual property tax receipts," advises Bangalore based Advocate Lokesh Anjanappa. 

Step 2: Seek legal help 

Find yourself a lawyer who can help you to quickly draft suitable notices of eviction and have them sent to the illegal occupants. "Discuss at length with the lawyer every minute detail pertaining to the disputed property and file a civil suit seeking 'restraint order' or 'injunctive relief' (Stay) against any continuing threat. Try and obtain copies of the encroacher's documents on which basis an illegitimate claim has suddenly cropped-up in air," says Anjanappa. 

Step 3: File a complaint with police 

"In addition to the Specific Relief Act, proceedings can also take place under section 145 of the Criminal Procedure Code. In states like Punjab, the Government has taken steps such as setting up of NRI police stations where a person who apprehends trespassing or wrongful dispossession can lodge a written complaint. In fact, a written complaint can be sent to the Superintendent of Police (SP) by way of registered post. Even if the SP fails to respond, a private complaint in the court can be filed through an advocate and the case can then be pursued through a special power of attorney (a relative or a close friend) where it is difficult for the owner to be present in India," says Singh. "You can even file a complaint in any police station if there are any threats of bodily harm from the party," says Sunder. 

Step 4: Be open to negotiation 

"Knowing that there are people backing you up could make the encroacher change mind. Also, keep the window of negotiation open so that the futility of it can be impressed upon the encroacher. Considering the financial impact on the property, legal fees, professional charges, lengthy trial period, related expenses, etc., the encroacher may think it more wise to invite the litigating party for some favorable out of court negotiations/settlement," Sunder says. 

Step 5: Be patient 

"Timelines in litigation in India are difficult to speculate. On an average a case takes a minimum of 2-3 years. The cost of litigation varies from case to case. It depends on the city where the case is filed (litigation cost is steep in cities like Delhi, Mumbai, Ahmadabad), the complexity of the case and type of lawyer engaged (for instance a designated Senior counsel who might charge on per hearing basis or lawyer with an experience of 10-15 years)," Singh says. Getting back encroached property is often a long winding legal process. The above steps provide a broad guide on what to do if you are in a similar situation. Do consult a professional for your individual circumstance.

Our Non Resident Indian clients can trust us to solve all the legal hassles pertaining to their Property matters in India. We have a team of Property consultants & Legal Advisors,  who is well-versed with all such issues and facilitates and quickly resolve  such iessues.

Any problem, in any Govt. Department relating to your Property in India, you can depute us to handle such matters and forget your worries &. rest is our job and you may relax. Your all the problems will be settled on a very nominal expense, we have the experience of handling such issues of our various clients, successfully who are residing in UK, USA, Canada and Middle East, etc. Mr. Singh added.

Emirates Airline fined Rs 56,000 for losing baggage

Emirates Airline has been directed by a consumer forum to pay Rs 56,000 to a passenger for loss of one of her bags while she was travelling from London to Delhi via Dubai.

The New Delhi District Consumer Disputes Redressal Forum, while holding the airline liable to pay compensation for the "harassment and inconvenience" caused to the passenger, said according to the law, valuables such as jewellery should not be kept in 'checked-in' luggage.

"The compensation is awarded on grounds of mental agony, harassment, loss, inconvenience and deficiency in service. It is to be noted that law does not permit keeping the valuables like jewellery or cash in the 'checked-in' baggage. We are not inclined to include cash and jewellery in awarding compensation for shock and mental agony due to loss of baggage and consequent harassment," the bench presided by C K Chaturvedi said.

The forum directed Emirates to pay Rs 40,000, including litigation costs, to Chandigarh resident Rajinder Kaur, along with US $280 (Rs 16,000) which the airline had offered her under the Carriage by Air Act on the basis of the weight of the lost bag.

Kaur said she had boarded the Emirates flight from London to Delhi via Dubai and when she had arrived at Dubai, she found that one of her three bags was missing.

She had filed a property irregularity report and despite assurances from the airline that her luggage would be delivered at her residence, Emirates could not locate the bag. In its defence, Emirates had contended that its liability was limited according to the Act and under that law, it had offered Kaur US $280, but she refused.

The forum said the Act does not cover harassment caused to a passenger.

17 Indians in Sharjah murder case can finally return home

Chandigarh/Dubai, January 17
A long-drawn legal battle finally come to an end today as 17 Indian boys, who have been languishing in Sharjah jail for more than three years, got the final approval from the Sharjah court and were cleared for deportation.

All of them had got death sentence, which the court had waived in 2011 after Dubai businessman SP Singh Oberoi paid blood money of one million US dollars to the parents of the victim Mishri Khan.

But, permission to leave the United Arab Emirates was held up as a civil petition seeking compensation for those injured in the Mishri Khan murder case was filed.

The case pertains to 2009 when a group of Indian workers clashed with a group of workers from Pakistan in which Mishri Khan of Sargodha was killed and two of his cousins — Mushtaq Ahmed and Shahid Iqbal — were grievously injured.

Subsequently 17 Indian boys were charged for a drunken brawl leading to murder and arson. They were subsequently convicted and sentenced to death. It was under pressure from the media that the Indian mission in UAE hired a team of lawyers to defend the Indian boys who pleaded innocent. An appeal was filed in the Sharjah Appeal Court against the orders of the Sharjah Court in April 2010.

It was during hearing of the appeal that the Sharjah Court asked the defence team if it was prepared for settlement under Diya - blood money - to which it reluctantly agreed holding that it had a fool proof case.

Oberoi paid up the blood money and the court also endorsed the settlement deal and waived the death sentence in 2011. But then the civil petition was filed and it took more than a year for adjudication and forced the 17 Indian boys to have an extended stay in the Sharjah jail even after their death sentence had been waived.

SP Singh Oberoi says that with the pronouncement of a joint compensation of AED 1,00,000 for Mushtaq Ahmed and Shahid Iqbal for grievous injuries they received in the clash will now get Indian boys released.

case file
Mishri Khan of Pakistan was killed and two were injured in a clash in Sharjah in 2009
The Sharjah police prosecuted 17 Indian boys. They were sentenced to death. All convicts are from Punjab and Haryana
On September 12, 2011, the court waived the death sentence of all the convicts after they paid the “blood money”
On September 23 when they were about to return to India, a civil petition seeking relief for the two injured was filed

Way to freedom for 17 youths

Sukhjinder Singh of Patti, Sukhjot Singh of Sanghera in Barnala, Ram Singh of Kanvi in Amritsar, Aarvinder Singh of Gurdaspur, Baljeet Singh of Sangwal in Jalandhar, Daljeet Singh of Aitiana in Ludhiana, Dharampal Singh of Jhoke Tehal Singh Wala in Ferozepur, Satgur Singh of Ghanaur Jattan in Sangrur, Satnam Singh of Roohli Kalan in Ludhiana, Kashmir Singh of Rattu Ke in Tarn Taran, Suban Singh of Lohian Khaas in Kapurthala, Kulvinder Singh of Ludhiana, Kuldeep Singh of Moga, Sukhjinder Singh of Kapurthala, Namjyot Singh of Ludhiana, Harjinder Singh of Phagwara and Taranjit Singh of Kaithal